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Phil 224 - Oct 3rd 2012.doc

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PHIL 224
George Williamson

Phrd 224 October 3 2012 1 Housekeeping: − new forum is up − do some investigation − you may not/likely will not know about everything − see if you can find something that shocks your sensibility − Wertheimer - Consent and Sexual Relations Theory of Consent: Consent as Morally Transformative: capable of authorizing or legitimating others behaviour with respect to one 1. Consent is an act – per formative not attitudinal, requires a tokenstill need them to act in the way of giving you consent Tokens of consent can be explicit / tacit; verbal / nonverbal  bit of a problem, some sexual conduct codes say it HAS to be verbal 2. Provided the absence of defective consent – competence, absence of coercion, absence 3. of misrepresentation/concealment Principles of Consent: When is Consent Morally Transformative? Considerations: criminal consent-eliciting behaviour 1. Coercion requires two conditions: a) threat to make worse off b) reasonableness of succumbing to threat vs. suffering consequences Ambiguities: 1. condition a) what is a threat? verbal or non-verbal? worse off than what? Baseline defined by status quo or right? 2. condition b) When is it reasonable to succumb rather than suffer? Even if coercive.  options: can someone do something else?  severity of the consequences 2. Fraud or Concealment: when does misrepresentation constitute a criminal offense? -  caveat emptor? - criminal fraud or medical informed consent?  Problem: ordinary parts of courtship may turn out to be illegal if we take
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